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Conditions of SaleIndex: Backorders These are our Conditions of Sale. Please read them carefully. If you place an order with us using our shopping cart and Order Facilities, you are accepting these conditions: Due heavy increases on freight charges and cost of packing material, we are forced to establish a "MINIMUM ORDER VALUE": For Domestic
Customers Orders minimum
order is $ 25.00 in goods (before s&h). (domestic means United States Continental 48 States.) Orders under $ 25.00 are not accepted, sorry. Minimum order does not apply for backorders pending. RC, Plastic Models, Starter Sets and any bulky items: For International (Overseas), the minimum of $ 100.00 applies. SHIPPING CHARGES for RC, Plastic Models, Starter Sets and any bulky product: Due the complex size and weight of these products, we can not offer a cost effective system in our shopping cart, as many products can have same price but their size or weight can be very different. Most of the Ready to Run cars weight between 8 and 15 Lb. Trucks can weight up to 27 Lb. Tanks Radio Controlled weights between 20 Lb and 35 Lb. Airplanes pay per size and not per weight, so the dimensional weight can go as high as 50 Lb. for domestic service. Helicopters as well as Yacht and boats are very large and some of them pay for OVERSIZE on UPS. Check www.usps.com also for maximum sizes allowed trough the Mail for overseas. Most Countries now have a maximum allowed size of 79 inches girth. Static models can weight between 1 Lb up to 8 Lb. The cost of shipping that appears on your Order Confirmation, will be adjusted to the real cost we must pay to the carrier used plus $ 4.50 handling. All sales are final no exception.
Tourists visiting Miami with a valid I-94 must pay sales taxes, as
according with the Law, there is no exemption to anyone buying in Florida and
taking with him the merchandise purchased. Refunds are given by Credit to your Credit Card if you paid by Credit Card or by Company Check in US Dollars sent to the address you have given as final destination of the merchandise we sold you. There is NO refunds in Cash whatsoever. We do accept Cash Payments in the Store as well, but some rules apply: We DO NOT accept any US Bill that doesn't have the security metal band on it, even if it might be a good one or was given to you by a Bank. Only bills with the security metal band are accepted. (this metal band is a small fine band of metal inserted inside the paper and has written the value of the bill, for example a $ 100.00 bill says "USA 100" all over the band.) We do not accept cash payments by Mail. If you send cash by Mail, we are not responsible for any lost mail or content. Please DO NOT send cash by Mail. If you must pay more than US $ 10.000.00 in cash you are required to convert your cash into a cashier or money order in a Bank near by where you will be required to file a Form declaring the origin of such sum in cash. We do not make 2 invoices to avoid this rule. Any payment of US$ 10.000.00 or more is required by Law to be declared.
INVOICING: For product being exported from the United States, we must fill an export declaration showing the real value, Country of Origin, quantity, weight, Harmonized Customs code and final destination, making illegal to declare false values. Insurance also is based on the value of goods shipped, so if this is not a real value, Insurance will not cover the goods if something happen to them. Go back
We DO NOT ACCEPT AMERICAN EXPRESS
or Discovery Card.
If you pay by credit card, for your own protection, we verify your address. If this is your first time ordering via Credit Card, please provide the full number, expiration date, name as it appears on the credit car, the V-CODE (3 digits from the back of the card) and the billing address including work/home phone number. V-Code is a new requirement of the Credit Card
Issuers.
The Signature Panel Number or V-Code for VISA and MasterCard credit cards is found on the signature side of the card inside the signature block where the card owner signed his/her name. The last 3 numbers constitute the V-Code Our Shopping Cart is SECURE, a copy of the
certificate can be seen clicking on the seal at check-out time. We will try to contact you in the event that your billing address is not the same as registered with your Credit Card Issuer or we will try to contact the Bank Issuer by phone to confirm your address (only for USA Addresses). Please note that not always we can contact the Banks nor they always answer or confirm addresses by phone. If we get a phone confirmation, we maintain a record of the phone number called and the person who responded at the Bank for Legal purpouses. This will be sufficient enough to confirm shipping addresses and will be the final non disputable address where to ship if it matches with the address written on your order as "ship to". OVERSEAS CUSTOMERS can only be shipped to their "billing addresses" if they pay by Credit Card and must provide in our order form the Bank Name and Phone to verify their address. If you can not do this or still want to be shipped somewhere else, you must pay ONLY via transfer by Western Union. We can not accept credit cards from overseas any longer that are not being shipped to their Billing Addresses.
CANCELLATIONS: If you place an order and we process it and charge your credit card and for any unilateral reason of yours you decide to cancel the Order after 4PM EST of the day you placed it, even when it has not been shipped yet, then you will be charged with a 5% of the total charged for cancellation fees plus handling. These cancellation fees are charged because we have already paid to the Credit Card processors the percentage they charge to get the approval and this charge is NOT REFUNDABLE, so even when we issue a credit, we lose this amount, so it is passed to you. If the order is canceled by us at any time or by you the same day before 4 PM EST you placed it and you were already charged, then it is no fees of any kind and the full amount charged is refunded (credited) to your credit card including any shipping & Handling. Temporary cancellations from our side may exist in the event we are checking with a Bank to verify addresses or identity that may take longer time than one day. You may be notified by us of such cancellation and your order may be cancelled without any penalty of any type, however, if we get the answer of the Bank confirming identity or address, we will re-instate the order and proceed to ship, consequently, the order falls in "firm" and it is subject to restocking fees if returned or refused. Pre-orders or Orders for non in stock items, can be cancelled without any penalty before merchandise arrives to our warehouses. After merchandise arrives and you are charged, then 25% cancellation applies. We only charge you at shipping time. Some exceptions exist, see Backorders for non released items
DEPOSITS:
CONFIDENTIALITY: Your information is kept confidential in our files. Inactive accounts for more than 24 month, are removed and no data is stored in our systems. Passwords used by you on our shopping cart can not be seen by us or anyone else but you. Credit card number "on file" are kept ONLY till expiration date, after expiration date, they are deleted.
FREIGHT CHARGES:
Freight charges apply to all sales that are shipped out from our
Store or Warehouse. We apply to all USA orders $ 4.50 declared as
"Handling" regardless of value of the order, size of the box or type of service
requested. The price shown in your shopping cart, is only as reference. Most of the cases, will be your total, however, special sized packages or air services, require application of special rates. You can check these rates either on www.ups.com or www.usps.com Please note the Specials shipping conditions for larger Products above Overseas shipping see below "Overseas Customers": CANADA IS OVERSEAS.
Duties, Import Taxes and VAT: It is your responsibility and up to you to know if you will be charged with any duties or taxes by calling your own Country Authorities or Postal Customs or the carrier selected to handle your shipment BEFORE placing the Order. Once an order has been shipped, you assume full responsibility for all these charges. We ship FOB Miami our Warehouse, what this means, is that we only charge you with the cost of Freight from Miami Florida USA to your Location. These shipping fees DOES NOT include any tax, VAT, duties or any other charge associated with the shipment, consequently, if there are charges of this nature, you must pay them to your Authorities or some times, to the carrier who pays in your behalf. If for any reason you refuse or fail to pay any of those fees and charges of the goods shipped, we have the undisputed and unalienable right to charge you with the value of those fees and charges plus $ 30.00 late fees for each month past counted from date on import to your Country and the right to take Legal actions against you if we can not make a charge to your credit card or you fail to pay us in any way you used to pay for your order. The property of the goods continues to be ours until all Customs, Taxes and fees have cleared. If merchandise must be returned to us for any reason, you are responsible for the transportation fees back and we will charge you for them. There is no exception to this rule.
Prices: Price for phone orders or walk-ins may be other than the price seen on the Internet under "Special Price" or not have same Special Price. "Special" or discounted prices are ONLY for Internet orders. You may call in by phone to request information about a particular item but to get the Special Price, order must be placed in our web site. Prices are in most of the cases accurate, however, due the immensity of records on our Database, it might contain errors. If we (or you) find an error, we will correct it immediately. Even in the event that you have placed an order but the price shown was an error, we will correct the price on your order. In those cases where errors can be based on quantities as result of content on boxes, the price remains by the item number and whatever the manufacturer includes on the box. It is frequent to make mistakes on items that are sold only per box that contain more than one unit inside. We normally price these products per box of x quantity. If the manufacturer only includes 1 item per box, then the price per box is the same than one individual unit. The most common examples are Marklin 7250, 7251 an 7252 (sold in one box of 10 units inside but sold as box of one unit containing 10 pieces; 7253 contains only 2 pieces inside but is sold as box of one unit containing 2 pieces inside. The item Marklin 24951 is sold only in boxes that contain 2 units inside. In this case, it is sold only per boxes of 2 units and invoiced as 2 units even when you will receive 1 box containing 2 pieces inside. Our recommendation is, that if in doubt or our description is not clear or might be in mistake or to good to be true, please ask before placing your order. We reserve the right to correct prices where the content of the box does not equals the real content or the unit to be invoiced. Again, item number prevails over descriptions.
98% of the Countries allow a maximum size of 79 inches girth; very few allow 108 inches girth. Any amount shown for shipping in your confirmation order is NOT VALID. You will be charged after we actually post the parcel as described above. Canada is Overseas. We do not ship under insured. All merchandise is declared at the Invoiced Value (see INVOICING above) and insurance is requested for the total value. Portugal and Israel must pay ONLY via transfer by Western Union or Bank wire transfer, no credit cards from Customers in Portugal or Israel are accepted any more.
Please note: Some Islamic Countries may have restrictions to import "Toys or Human Figures". We are not responsible if your order is impounded by your Government. It is your own responsibility to know what are the Laws of your own Country. You will not be allowed to dispute any charge made if you lose your merchandise for this reason nor claim any insurance to the Postal Service. Fraudulent orders from overseas are immediately reported to INTERPOL.
Girth measurements definition:
Go back For postal deliveries, please advise us immediately. USPS Insurance conditions below apply to all insured Mail Parcels. Refusal of the box, does not always guarantees that you will not be liable for the payment of the goods inside it. After a damaged box has been received, please notify us immediately to start the UPS/FedEx Insurance Inspection. UPS/FedEx will pick the box and inspect the damages to establish the value of it. See procedure HERE Please note that damages to carton boxes, packing boxes or the Manufacturer box that have no impact on the product inside are not covered by any insurance. Only the product it self is covered, so if for any reason you receive a box that has bents, cracks or punctures caused on transit but merchandise inside is in good condition, UPS/FedEx will not honor any insurance.
Go back Following is a copy of the insurance conditions and receipt for the US Postal Office.
These fees are non refundable. BACKORDERS: If you use our Shopping Cart, there is a place for you to indicate "backorders yes or no" If you mark "yes", we will do our best to get your item even if it has been discontinued. If you mark "no", then we will not have any item ordered by you in backorder, if it is not in stock, even when can be a regular item temporarily out of stock. If you mark both or no mark at all, will be taken as "backorder yes". Regular in stock items that fall on backorder for insufficient quantity, can and will be placed "ON BACKORDER" at no price, so when item returns to stock, will reflect a new price if price has changed due exchange rates and will be shipped at the new price. If you do not agree with this condition, please DO NOT accept backorders. Note that Backorders will be charged with freight charges when shipped as we must pay to UPS/FedEx or USPS for each shipment we do. New items NOT RELEASED that are placed on backorder, can and will be adjusted to reflect our actual cost for movements on exchange rates. It can be either higher or lower, however, the price shown in our databases, is we think very close to the real final cost. We do not accept backorders for items sold out from a "Special Offer" ran at any time. If one item falls in "out of stock" then backorders will not be taken at the special price nor regular price. You must check your invoice to see if any item is or not in backorder.
Special orders and pre-orders can not be canceled (including each year "new items", One Time Runs, Exclusive Items and Limited items and all those items that each year are listed as "new items" ). If you cancel or refuse any shipment for any New items just released, Special Order, One Time Runs, Exclusives, Limited or Museum items, you will be charged with a 45% of the sale price for cancellation fees. Shipping and Handling fees as well as Taxes are NON REFUNDABLE under any circumstance. Cancellations must be requested by the Customer in written BEFORE the item
is released and have a confirmation in written from us
accepting the cancellation. A charge of 25% of the pre-ordered price will be
charged for cancellation fees. PLEASE NOTE: You must have a valid credit card on file with us. It is your responsibility to keep the "expiration date" updated with us or any change on your credit card number. WE WILL NOT call you if your credit card is "declined" or placed in "Hold" by the credit card issuer. Your backorder will be canceled and the item used for any other Customer waiting for it. THIS INCLUDE CLUB ITEMS, so we do not take any responsibility for "declined or hold" credit cards. If we can not get contact with you due a declined or expired card, we have the right to use the product you have ordered for any other of our Customers without any penalty to us. We are not obligated to sell you other of the same item if it is no longer available when you give us a new number or new expiration date or fix the problem for the declined card nor keep the price you had on your preorder. You will get the price at the time of your new order, so do not forget to advise us of any change on your credit card. WARRANTIES: Manufacturer's warranties apply on all our products. Note that Warranty is given by the Manufacturer and NOT by us, as we have no control on what the Manufacturer does: All our products carry a minimum limited warranty of 12 month by the Manufacturers with the exception of Tamiya and Kyosho that have no warranty or very limited warranty as well as any Radio Control Product, please ask if in doubt about what is covered by Manufacturer Warranty. Read warranty papers included on
products. PLEASE READ OUR REPAIR/MAINTENANCE RATES Please note that exchanges or repairs are done by the Manufacturer of your item and NOT by us, so we do not exchange any item under any circumstance. We just facilitate your contact with the Manufacturer. DATABASES: Our databases reflect all the items released till the date of publication of the database. It is not intended as a stock availability or quantity available per item. There might be some items on our databases not in stock. If one item is not in stock, then you will be placed on backorder if you have marked "yes" or no mark at all or both, in the backorder field on your order form. If using the Shopping Cart, then you have a place during the Check-out to indicate if you like or not backorders. The item number prevails over the description. Descriptions or pictures may not be accurate, so the only valid data for each item, is its item number. Please, if in doubt, ask for a more specific description. If we can, we will be glad to give a detailed description on the item you requested. Stock availability is given as an indication only and can not be taken as an assurance of availability. Sometimes, one item is in stock at the time you place the order but not at the time we receive the order, as there may be other orders before yours that exhausted the stock or we may have an error on our database. Stock availability does not shows either quantity in stock, just that we have it or not in quantity minimum of 1 unit. If one item is defective, it will be replaced or repaired under your warranty by the Manufacturer at his discretion. Any authorized return must have an RMA (Return Merchandise Authorization) given by us (call us to ++1-305-279-8033 to request RMA) clearly marked on the label of the box sent to us. Merchandise returned without an RMA will be refused and charged with a 25% restocking fee. Refusals of packages without a valid reason sent according with you Order, will be charged with a 25% restocking fee. Shipping and handling expenses are not refundable under any circumstance whatsoever.All items, at
shipping time, are run tested and revised for any damage or failure. We do
mark inside the locomotives with high frequency infrared ink (non visible
other than with our own instrument) the main parts such as motors,
electronics, decoders and major parts such as bodies, frames, etc. Radio Control
products are only eye inspected, not ran as we can not put any power source on
those items. THERE IS NO EXCHANGES or replacements for items received from you after 15 days even if they are damaged. Your only choice is to send back the item for repair. Please inspect promptly your order to avoid delays in replacement of faulty units.
If merchandise must be returned to us for any reason,
you are responsible for the transportation fees back and we will charge you for
them. Hurricanes and Merchandise paid by you held in our Store/Warehouse. For those Customers that have or request to hold merchandise in our Store or Warehouse, you agree to decline any claim of any kind for loses of your merchandise resulting due strike of one Hurricane. We are located in Miami Florida and we are in a Hurricane path. Insurance Companies are not covering damages for Hurricanes or the premiums are so high that we can not afford to have coverage for Hurricane, so it will be at your complete risk if your merchandise is lost in such event. We will do whatever is necessary to ship out any merchandise in our custody if one Hurricane approaches Miami, but if we can not do it, it is all at your own risk. For Walk-in Store sales, prices might be higher than those shown in our web site. If you ask why, have you ever ask why the person flying next to your sit on the same Airplane paid less than you on the same trip? There are many reason why, but the main reason is
time and personnel: We need time to attend you as you deserve at the time you
come to the Store and personnel to help you that would be used in other
business functions during that time. We can even prepare the packages to be shipped from Internet orders at night when we are closed, something we can not do when you visit us. We have the same low retail price in the Store and on the web, but Special Offers some times are not valid, depending on items, for walk-in sales. Items under $ 100.00 have no discounts at the Store whatsoever. We reserve the right to change any price at any time, without notification, include or remove items or, in general, make any modification to our databases without previous notification, as well as make changes to our Conditions of Sale. In the event of a dispute arising under or relating in any way to this Agreement or to ourhe Online Service provided, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says or have said and the terms of this Agreement, the terms of this Agreement shall control. The Sites may contain links to other third party web sites. We are not responsible for, nor do we control, the content, products, or services provided by linked sites. We do not endorse or guarantee the products, information or recommendations provided by linked sites, and are not liable for any failure of products or services advertised on those sites. In addition, each third party site may provide less security than we do and have a privacy policy different than ours. Your access, use and reliance upon such content, products or services is at your own risk. Consent to Jurisdiction and Forum Selection: The parties hereto agree that all disputes, actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Dade, State of Florida. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Dade, State of Florida shall have in persona jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. IDENTITY THEFT AND CREDIT CARD FRAUD Due the immense increase on Credit Card Fraud and Identity Theft we are facing these days, we are forced to take measures not only to protect our selves but to protect our own Customers against this problem. If we receive a “NO MATCH” from Visa/Master on your shipping address, and this is your first order with us, we have to take some measures to verify nobody is using a credit card number stolen or fraudulently. You must understand these measures are taken in your own protection and to save you of future problems if anyone has stolen your credit card or your credit card number and is trying to place an order with us committing fraud with your card. Even when your Bank issuer has told you that you are only responsible for the first $ 50.00, this is not always true; in fact, it is not true at all. What Credit Card issuers do not tell you is that Businesses have the right to prosecute any card holder until the maximum extent the Law allows for charge backs originated with credit cards that belong to a particular card holder. This does not mean in any way you are guilty or will have to pay the total amount, but it is a procedure taken to cover Businesses against heavy loses and be able to claim Insurance against Fraud. It is up to the Cardholder to proof LEGALLY he/she has not used the Credit Card in question to purchase goods and services and reported, fraudulently, he has lost or his car has been stolen. What the Bank issuer tells you is true from their side, they will make you responsible up to $ 50.00 but this does not mean you are not responsible for the charge if proven in Court you did it fraudulently. Unfortunately, it will cost you money and time, as you will need to appear in Court and maybe, depending on the amount, even hire a Lawyer. To avoid all these problems, WE VERIFY EACH CREDIT CARD TRANSACTION. HOW THIEVES COMMIT FRAUD? 1. - They get your credit card number, expiration date and V-code from any Voucher you sign in Restaurants or other large Businesses, but mostly in Bars and Restaurants, where you give the card and the waitress or waiter takes it to print the voucher, but in reality, they write down the complete number, expiration date and V-code for use as soon as you depart. 2. - By copying the Credit Card with a hand device that in reality is a magnetic reader that copies all the information on the magnetic strip of the card and then, they pass this information to a fake blank card that is a perfect duplicate of your own. 3. - Buy stealing the physically the card 5. - By stealing Mail from not only your Mail Box. 6. - By looking at your trash for copies of old Statements, Bank letters, Credit Card offers and even those “convenient” credit card checks you get on the mail never solicited by you and that by the way, IF ONE OF THOSE CHECKS ARE USED TO PAY A PURCHASE, you are in deep troubles as those checks are very hard to proof you did not signed, voluntarily, with a fake signature and reported you never did the charge. DESTROY in confetti those checks you receive on the mail, those are the most dangerous of all. 7. - The thieves start right away to place orders via Internet of phone to places where they can get products easy to sell and where they know it will be not too much check out of the identity and validity of the order placed, or to small businesses that for lack of sales, take the risk of accepting any sale and they just ship. Normally these order are requested to be shipped NEXT DAY without any care on cost of freight and normally are for big value items and in quantities of more than one. At Micro Macro Mundo Inc. there are many factors that raise the flag when an order can be fraudulent. For obvious reasons we can not explain what reasons are those, but we have cached in the last 10 years more than 600 credit card attempts to commit fraud, that have resulted in some convictions and many arrests. HOW WE PROTECT OUR CUSTOMERS AND OUR SELVES: 1. - We do not ship to third parties or other addresses than the Billing address as it appears on the credit card statement to first time buyers. 2. - We must establish a relationship before we can ship to other address than billing addresses or you must have that address registered on your credit card as a valid "SHIP TO" address. 3.- If you need to be shipped to any other address than the billing address and this is your first time here, if you do not have it registered on your Bank and we can't get the confirmation, we regret we will have to cancel your order and not ship. 4. - We may request you to verify
your self by answering a question regarding the charges we have done on
your credit card that only you and your Bank know. For example: We can
make 2 charges for the total of your order with 2 different amounts that
add up to the total of it. You will need to call your Bank and ask them
how much those charges were. The Bank will at that time, ask questions
that only you know, such as the middle name of your Mother or your last
4 digits of your Social Security or your Password or the name of your
Pet or whatever the Bank has agreed with you for identity verification. By answering how much were the charges, we can mach those values with the charges we did and if it matches, then is no doubt you are who you say you are and we will ship immediately. This is a system adopted each day by more and more Internet sites such as eBay, PayPal, Amazon.com and alike. We ask you, if needed, to participate with us in this process of identification that ultimamately will benefit you. This is a one time process and ONLY if your shipping address does not match against the address registered with your Credit Card issuer. OVERSEAS CUSTOMERS can only be shipped to their "billing addresses" if they pay by Credit Card and must provide in our order form the Bank Name and Phone to verify their address. If you can not do this or still want to be shipped somewhere else, you must pay ONLY via transfer by Western Union. We can not accept credit cards from overseas any longer that are not being shipped to their Billing Addresses. We do not ship under any circumstance to Indonesia if paid by Credit Card. IP address is also verified.
Revised August 10, 2006
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